James D. McNairy

Mr. McNairy is a partner in the Labor and Employment and Litigation Departments of Seyfarth Shaw LLP. His practice spans a variety of employment and business litigation matters. He specializes in the protection and enforcement of intellectual property rights, including matters involving trade secret, non-compete, computer fraud, unfair competition, and related business tort claims. Mr. McNairy has represented Fortune 500 companies in some of their most challenging and significant engagements in these areas. He also provides advice to clients concerning best practices for protecting and enforcing intellectual property rights and addressing restrictive covenants in employment-related agreements.

Mr. McNairy’s employment litigation practice includes defending employers against single and multi-plaintiff claims for discrimination, retaliation, and harassment, as well as against high exposure wage and hour class action claims arising under the California Labor Code and the FLSA.

Mr. McNairy’s business litigation practice focuses on complex matters involving, among other things: breach of contract; fraud; insurance bad faith; franchise, dealer and distribution disputes; business torts; false advertising; discriminatory pricing; and commercial loan enforcement (enforcement of loan guarantees and judicial foreclosure). He has represented clients in state and federal courts, including jury trials and appellate matters, and in alternative dispute resolution (arbitrations and mediations).

Representative matters include working for privately held and publicly traded entities in the technology, semiconductor, nanotechnology, healthcare, banking, mortgage, financial services, insurance, exotic performance automobile, wholesale commercial goods, coatings, broadcast and internet media, retail consumer products, foods, food service, and construction industries.

Mr. McNairy serves as a member of the Executive Committee of the State Bar of California’s Intellectual Property Law Section. He routinely writes and presents on trade secret, non-compete and computer fraud issues and is a contributing editor to the 2011 Supplement to and Third Edition of Trade Secret Litigation and Protection in California (published in 2014), a widely referenced publication of the Intellectual Property Section of the State Bar of California.

Good to know

Areas of Practice 1) Trade Secrets, 2) Computer Fraud & Non-Competes, 3) Social Media, 4) Insurance, 5) Franchise & Distribution Litigation, 6) Counseling and Dispute Resolution, 7) ERISA & Employee Benefits Litigation, 8) Employment Litigation, 9) Contract Disputes and 10) Commercial Litigation
Law School McGeorge School of Law (J.D., 2003)
Admitted Year 1995
Education California State University, Sacramento (B.A., 1995)
Bar Member / Association California State Bar Association
Most recent firm Seyfarth Shaw LLP
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